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Karenina Fernandya

Jurnal Hukum, Administrasi Publik dan Negara 2026 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

Marriage is one of the fundamental institutions in Indonesian law, regulated through Law Number 1 of 1974 concerning Marriage as subsequently amended by Law Number 16 of 2019. The practice of polygamy in Indonesia is not absolutely prohibited, yet it is subject to strict requirements, including obtaining prior permission from the Religious Court and consent from the existing wife or wives. The absence of such permission constitutes a serious violation of marital law. This study examines the juridical review of polygamy without permission under Indonesian marriage law, focusing on the high-profile case of Ahmad Dhani and Maia Estianty. Using a normative legal research method with a statutory and case study approach, this paper analyzes the legal basis of polygamy regulation, the legal consequences of unauthorized polygamy, and the legal remedies available to aggrieved parties. The findings indicate that Ahmad Dhani's marriage to Mulan Jameela without obtaining permission from the Religious Court and without the consent of his first wife, Maia Estianty, constituted an unlawful act under Indonesian marriage law. Such unauthorized polygamy renders the second marriage legally defective and potentially voidable. Furthermore, the aggrieved wife has the legal right to file for divorce and claim compensation under applicable civil law provisions. This study also reveals systemic weaknesses in the enforcement of polygamy regulations in Indonesia, particularly the lack of effective sanctions against violators. Recommendations are directed at legislative reform to strengthen existing provisions and enhance judicial oversight of polygamous marriages in Indonesia.

Nadinda Rahma; Lego Karjoko; Elizabeth Ayu Puspita Adi

Jurnal Hukum, Administrasi Publik dan Negara 2026 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

The Right to Build Certificate (Hak Guna Bangunan/HGB), as evidence of land rights intended to provide legal certainty for right holders, may in practice be revoked through decisions of the State Administrative Court. Such revocation creates legal uncertainty regarding the legal status of the land and the position of the right holder, particularly where the certificate holder is not a party to the proceedings. This research aims to analyze the legal status of land following the revocation of an HGB certificate and to examine the legal remedies available to right holders in order to obtain legal certainty. The research employs a normative juridical approach through a literature review of statutory regulations and court decisions. The findings indicate that following the revocation of HGB Certificate Number B 222 in the name of PT Pertamina (Persero), the land reverts to state land, with Pertamina holding priority rights pursuant to Article 37 paragraph (4) of Government Regulation Number 18 of 2021. However, legal remedies through the priority rights mechanism do not provide absolute legal certainty, as the use of the term “may” reflects governmental discretion rather than a legal obligation. Consequently, legal certainty for PT Pertamina remains conditional and dependent upon administrative discretion, rather than constituting final legal certainty.

Novita Wulan Sari; Ernu Widodo; Sri Sukma Damayanti

International Journal of Social Welfare and Family Law 2026 Asosiasi Penelitian dan Pengajar Ilmu Sosial Indonesia

Unregistered marriage (nikah siri) in Indonesia refers to marriages conducted in accordance with Islamic religious law but not officially recorded by the state. This legal gap creates significant challenges, particularly concerning the legal status of wives, children, and marital property. This study employs a normative juridical research methodology to examine the legal consequences of unregistered marriages on the positions of wives, children, and property, as well as to analyze the forms of legal protection available for children born from such marriages. The findings reveal that wives in unregistered marriages lack legal protection comparable to those in registered marriages, including rights to marital property, alimony, and inheritance. Children born from these unions initially possess legal relationships only with their mothers and maternal families. However, Constitutional Court Decision No. 46/PUU-VIII/2010 established a legal pathway for children to establish civil relationships with their biological fathers through scientific evidence such as DNA testing. Despite this judicial development, practical implementation faces considerable obstacles including evidentiary difficulties, social stigma, and limited access to legal remedies. This research concludes that active state intervention and institutional support remain essential to safeguard children's fundamental rights, including identity, inheritance, and protection from legal and social discrimination.

Firman Syah Permadi; M. Taufik; Sri Sukmana Damayanti

IJLS (International Journal of Law and Society) 2026 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

This research aims to analyze the criminal liability of perpetrators of fraud through bounced checks and the legal protection provided to victims. The study focuses on Decision Number 1698/Pid.B/2022/PN Sby, in which the defendant was found guilty of fraud under Article 378 of the Indonesian Criminal Code (KUHP). Using a normative juridical approach through literature study with statutory and conceptual approaches, the findings demonstrate that the panel of judges correctly applied the elements of fraud, including malicious intent (mens rea), the use of deception or a series of lies, and actual loss suffered by the victim. The judge's legal considerations have reflected the principles of legality, justice, and legal certainty in criminal law. Legal protection for victims can be pursued through both criminal and civil legal remedies, where victims may report to police for criminal prosecution under Article 378 KUHP and claim compensation through civil breach of contract lawsuits. Law enforcement against perpetrators is carried out through repressive and preventive criminal sanctions. This decision confirms that bounced check fraud is not merely a civil breach of contract but can be classified as a criminal offense when accompanied by malicious intent to deceive others.

Aguk Nugroho; Vivin Astharyna Harysart; Armaya Mangkunegara; Marwan Marwan; Achmad Wildan Dimyati +2 more

Jurnal Pengabdian kepada Masyarakat 2026 Pusat Riset dan Inovasi Nasional

The rapid development of information technology has increased the use of online lending services, including illegal platforms that impose excessive interest rates, misuse personal data, and employ intimidating debt collection practices. Limited legal and digital literacy has made communities more vulnerable to these risks. This Community Service Program aims to enhance the understanding of residents in Kradenan Village, Tuban Regency regarding the characteristics of illegal online loans, their social, economic, and psychological impacts, and the relevant legal protections under regulations such as the Electronic Information and Transactions Law, the Personal Data Protection Law, and OJK Regulation No. 77/2016. Through participatory legal education and interactive discussions, the program achieved full participation and improved participants’ knowledge by up to 75%. Residents became more capable of identifying illegal loan applications, recognizing data misuse risks, and understanding preventive measures and available legal remedies. This program effectively increased public awareness to use digital financial services more responsibly and avoid the dangers of illegal online lending.

Gultom Rosmaida Feriana; Evita Isretno Israhadi2

Majelis : Jurnal Hukum Indonesia 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The differences in the age limits of children as stipulated in several Indonesian laws and regulations—such as the Juvenile Criminal Justice System Law (UU Sistem Peradilan Pidana Anak/SPPA), the Child Protection Law (UU Perlindungan Anak), and the Human Rights Law (UU HAM)—have created significant legal uncertainty. These inconsistencies pose serious implications for the protection of children's rights, particularly for those who are entangled in legal conflicts. One of the most critical impacts is the potential for injustice in the application of restorative justice and diversion programs, which should be guided by the principle of the best interests of the child. Discrepancies in age definitions may also result in unequal treatment in legal proceedings and hinder access to appropriate legal remedies and rehabilitation services. For instance, a child considered underage by one law may be treated as an adult under another, leading to inconsistent judicial decisions, discrimination, and psychological harm. Furthermore, this lack of regulatory harmony undermines the credibility and consistency of the justice system in handling cases involving children. The principle of legal certainty, which is fundamental in any just legal system, cannot be upheld if such foundational definitions remain fragmented. Therefore, there is an urgent need for harmonization and alignment of all regulations related to the legal age definition of a child within the Indonesian national legal framework. Establishing a uniform age standard is essential to ensure fair treatment, protect children's rights comprehensively, prevent discriminatory practices, and improve the effectiveness of restorative justice, rehabilitation, and child protection mechanisms in Indonesia.

Rian Apriesta Ramsadefa; Ilyas Yunus; Zahratul Idami

IJLS (International Journal of Law and Society) 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

The determination of contentious heirs at the Banda Aceh Syar'iyah Court is a legal procedure carried out when not all heirs are involved in submitting an application for determination of heirs. However, in practice, this application is still rarely submitted and is poorly understood procedurally. This study aims to analyze the Application Procedure for the Determination of Contentious Heirs applied at the Banda Aceh Syar'iyah Court and the obstacles and obstacles faced in the implementation of the Application Procedure for the Determination of Contentious Heirs at the Banda Aceh Syar'iyah Court. This research uses a type of empirical juridical research, which is research that examines law not only as a written norm but also as real behavior in judicial practice. Data were obtained from field research, interviews, and literature. Data analysis uses qualitative methods. The results of the study show that the contentious procedure includes the stages of summoning the respondent, mediation, reading of the application, answers, replicas, duplicates, proof, conclusions, and decisions by the panel of judges, as well as opening up opportunities for legal remedies such as appeals, cassation, and review. The submission of an application for the determination of heirs in a contentious manner is often constrained because the defendant refuses to participate or his whereabouts are unknown, thus hindering the court process and the fulfillment of inheritance rights.

Tasya Darosyifa; Ligina Tesalonika; Ariel Lois; Angel Evelyn; Aditama Candra Kusuma +2 more

Referendum : Jurnal Hukum Perdata dan Pidana 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

International trademark infringement poses a complex challenge for brand owners due to jurisdictional variations and differing legal systems across countries. This study examines available legal remedies, ranging from non-litigation dispute resolution mechanisms such as Alternative Dispute Resolution (ADR) - encompassing negotiation, mediation, and arbitration - to formal litigation in national courts. ADR offers advantages in time efficiency, cost-effectiveness, and confidentiality, while litigation provides legal certainty through binding court decisions such as injunctions and damages awards. Preventive strategies including international trademark registration through the Madrid System and cooperation with customs authorities serve as crucial proactive protection measures. Furthermore, this research analyzes judicial considerations in cross-industry trademark disputes, including assessment of trademark similarity (visual, phonetic, conceptual), reputation of well-known marks, bad faith of infringers, and potential consumer confusion. Case studies such as Louis Vuitton vs. Louis Vuitton Dak and Zara Food vs. Zara Fashion demonstrate judicial application of the likelihood of confusion principle and anti-dilution doctrine even across different industries. The research employs normative legal methodology with statutory and secondary document analysis approaches. Findings confirm that legal strategy selection must consider infringement scale, jurisdiction, and business objectives, while international trademark protection requires integration of proactive registration, legal enforcement, and comprehensive understanding of global market dynamics.

Rahmawati Rahmawati; Roy Marthen Moonti; Nurwita Ismail; Muslim A. Kasim

Mahkamah : Jurnal Riset Ilmu Hukum 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This research examines the criminal liability of debt collectors involved in forcibly seizing motorized vehicles from consumers. Such actions, often conducted by third parties representing finance companies, frequently occur without proper legal procedures and involve violence, coercion, or violations of consumer rights. The study responds to ongoing incidents where debt collectors act with force, while legal enforcement remains insufficient. Utilizing an empirical normative legal approach, the study combines a review of relevant laws—such as the Criminal Code (KUHP), Consumer Protection Law, and Financial Services Authority regulations with field research, including interviews with victims and observations in Kayubulan Village, Limboto Subdistrict, Gorontalo Regency. The findings reveal that debt collectors who repossess vehicles without official documentation, prior notification, or through intimidation may be committing criminal acts under Article 368 of the KUHP (extortion) and Article 335 (unpleasant acts). These actions clearly conflict with legal norms and consumer protection principles. The study recommends that finance institutions strengthen oversight of third-party collectors and ensure all collection activities comply with legal and ethical standards. Additionally, raising public legal awareness is essential, particularly regarding consumer rights and available legal remedies against coercion or unlawful conduct during debt collection. This dual strategy enhancing institutional accountability and empowering consumers aims to bridge the gap between law and practice, ensuring justice and legal protection in financial transactions.

Wa Ode Yulni Farida

Mahkamah : Jurnal Riset Ilmu Hukum 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study discusses errors in land title certificates and legal remedies for victims. This study examines the legal consequences of defective land title certificates and legal remedies for affected parties. The method used, this type of research is normative juridical. The results of the study indicate that land title objects with defective certificates such as SHM 99/Laiba dated 06/07/2021 covering an area of ​​8,102 m² can have legal consequences due to errors in the procedure for submitting documents that do not match the actual land conditions. Inconsistencies in measurement, mapping, and/or area calculations can result in the certificate being invalid, in accordance with the Regulation of the Head of the National Land Agency of the Republic of Indonesia Number 3 of 2011. Communities affected by inaccurate land certificate mapping can sue the State Administrative Agency, the issuing agency, or the State Administrative Court to cancel the certificate.

Safirah Maharani Putri; Muhammad Rizal Rustam

Kajian ilmu Hukum, Sosial dan Administrasi Negara 2025 Lembaga Pengembangan Kinerja Dosen

In bankruptcy proceedings, the presence of third parties whose assets are made part of the bankruptcy estate often leads to legal conflicts. The bankruptcy estate is a collection of assets managed by the curator to pay off the debtor's obligations to creditors. Problems arise when third-party assets, which should not be included in the bankruptcy estate, are included without a clear legal basis. This research aims to analyze the legal remedies that can be taken by third parties to protect their rights and interests. By reviewing the provisions in the Bankruptcy Law, as well as the prevailing practice, this study demonstrates the importance of verification of assets by the curator prior to inclusion in the bankruptcy estate. Legal procedures such as opposition (verzet) can be taken by third parties to challenge the curator's decision in the commercial court. The findings of this study highlight the need for a better understanding of third party rights and the legal mechanisms in place to prevent abuse of curator authority. It is hoped that this study will provide guidance to third parties in taking appropriate legal steps and strengthening legal protection in the bankruptcy process.

Krismanto Manurung; Ismaidar Ismaidar; Tamaulina Br. Sembiring

IJLS (International Journal of Law and Society) 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

In order to preserve and uphold the honor, dignity, and the behavior of the judge is required to supervise the attitude of the constitutional judge to fit the code of ethics, so that each judge's ruling will be implemented in order to enforce the law and justice based on Pancasila and the Constitution 1945 asapermanent legal political for supervision of the constitutional judges . Meanwhile legal politics incidental that becomes a choice among others: a) Behavior of Constitutional Judges are supervised by the Board of Ethics established by the Constitutional Court, and for the reported judges or suspected violations of ethic codes of Constitutional Judges formed by Honorary Council of Constitutional Judges who were proposed by Ethics Council, with the task of implementing and serving as judicial ethic; and b) there is no judicial supervision against Constitutional Court's decision as well as supervision of a court decision which was in the Supreme Court through the mechanism of legal remedies ( ordinary and extraordinary).

Muhammad Akhsan

Desentralisasi : Jurnal Hukum, Kebijakan Publik, dan Pemerintahan 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This research aims to analyze the legal responsibility of PT Asuransi Jiwa Bersama BUMIPUTERA 1912, Buton Branch, in fulfilling its obligations to the insured parties, as well as the legal remedies that can be pursued by the insured and the insurance company in the case at hand. The research method used is qualitative research. This study employs an empirical legal approach while delving deeper into normative legal principles. The findings reveal that AJB BUMIPUTERA has violated the applicable laws and is contractually liable for the breach of contract (wanprestasi) committed. The legal remedies available to the insured, in this case, parties B and L, include filing a lawsuit in court. Meanwhile, the legal remedy pursued by Asuransi Jiwa Bersama BUMIPUTERA 1912 is to maximize the implementation of the Financial Recovery Plan (RPK). This research contributes to a better understanding of legal protection for insurance service consumers.

Geofani Milthree Saragih; Rengga Kusuma Putra; Muhamad Rezky Pahlawan MP

International Journal of Law and Civil Affairs 2024 International Forum of Researchers and Lecturers

Urban green-space conflicts have emerged as a significant challenge for marginalized communities, exacerbating existing social and environmental inequalities in cities undergoing rapid urbanization and environmental transitions. This study explores the dynamics of access to justice for marginalized groups in the context of urban green-space conflicts, focusing on the barriers they face and the enabling factors that improve their ability to access legal remedies. Through a socio-legal research design, data was collected using surveys, case reviews, and stakeholder interviews, which were analyzed to identify key physical, socio-economic, and institutional barriers that hinder equitable access to green spaces. Findings revealed that marginalized communities often experience physical barriers such as limited proximity to green spaces, socio-economic disparities that prevent them from accessing legal resources, and institutional constraints, including discriminatory urban planning policies. Despite these challenges, enabling factors such as legal aid networks, participatory forums, and inclusive urban planning policies emerged as crucial elements in improving access to justice for these communities. Moreover, the study examined the impact of social and environmental transitions, such as urbanization and climate change, on justice outcomes, showing that these transitions can either exacerbate or alleviate barriers depending on how policies are implemented. The study emphasizes the need for policy reforms that promote equity in urban planning and legal aid systems, ensuring that marginalized communities are included in decision-making processes. Future research should explore the impact of environmental justice policies in global contexts and investigate new legal frameworks to address the specific needs of vulnerable populations.

Andes Robensyah; Citra Nasir; Nicat Kamran Mammadov

International Journal of Law and Civil Affairs 2024 International Forum of Researchers and Lecturers

Urban green-space conflicts have emerged as a significant challenge for marginalized communities, exacerbating existing social and environmental inequalities in cities undergoing rapid urbanization and environmental transitions. This study explores the dynamics of access to justice for marginalized groups in the context of urban green-space conflicts, focusing on the barriers they face and the enabling factors that improve their ability to access legal remedies. Through a socio-legal research design, data was collected using surveys, case reviews, and stakeholder interviews, which were analyzed to identify key physical, socio-economic, and institutional barriers that hinder equitable access to green spaces. Findings revealed that marginalized communities often experience physical barriers such as limited proximity to green spaces, socio-economic disparities that prevent them from accessing legal resources, and institutional constraints, including discriminatory urban planning policies. Despite these challenges, enabling factors such as legal aid networks, participatory forums, and inclusive urban planning policies emerged as crucial elements in improving access to justice for these communities. Moreover, the study examined the impact of social and environmental transitions, such as urbanization and climate change, on justice outcomes, showing that these transitions can either exacerbate or alleviate barriers depending on how policies are implemented. The study emphasizes the need for policy reforms that promote equity in urban planning and legal aid systems, ensuring that marginalized communities are included in decision-making processes. Future research should explore the impact of environmental justice policies in global contexts and investigate new legal frameworks to address the specific needs of vulnerable populations.

Aris Surya Muzakki; Suraji Suraji

Prosiding Seminar Nasional Ilmu Pendidikan 2024 Asosiasi Riset Ilmu Pendidikan Indonesia

The use of e-commerce in the world of trade has had a huge impact on Indonesian society, this is related to very important legal issues. The importance of legal issues in the field of E-commerce, especially in providing legal protection for consumers who carry out buying and selling transactions via the Internet. This development emerged due to offers and acceptance from the public, as evidenced by the emergence of various online stores such as Kaskus, Tokopedia, Bukalapak, Shopee and Lazada. This research aims to find out and analyze legal protection for consumers in online buying and selling transactions (e-commerce) and to find out and analyze legal remedies that can be taken by consumers if there is a default in online buying and selling transactions (e-commerce). The approach method used in this research is a normative juridical approach. The specification of this research is descriptive analysis. The data source used is secondary data, which consists of primary, secondary and tertiary law. The data collection tool is library research. The data analysis technique used is qualitative analysis. The results of this research and discussion are legal protection for e-commerce users by upholding consumer rights in accordance with Law Number 8 of 1999 concerning Consumer Protection articles 19, 20, 21, 24, and 26 and regulations related to the implementation of online buying and selling (e-commerce) and the implementation of consumer protection is also supported by involving several parties such as the government, national consumer protection bodies and non-governmental consumer protection institutions. Legal efforts that can be taken to resolve defaults in Law Number 8 of 1999 concerning Consumer Protection are litigation and non-litigation.

Ahmad Zulqarnain Hasibuan; Syaiful Asmi Hasibuan

International Journal of Law, Crime and Justice 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Knowing how legal remedies are in the use of social media, social media has become a phenomenal and inseparable need for the Indonesian people. Some of the features possessed by social media include uploading statuses, sharing news pages, chatting, audiovisual communication and other features. Even though all people's behavior on social media platforms has been regulated by law, criminal acts as cybercrime still occur. Cybercrime is an unusual form of crime, in fact this crime can not only harm society, but can cause losses, and the peak can even destroy a country. This information age is often referred to as the digital revolution through technological developments and the development of communication tools. The internet is an information and communication technology that is most often encountered in human activities. The internet is one for surfing in cyberspace without any restrictions, a network that is very easy to access. The Criminal Procedure Code (KUHAP) and the Law on Information and Electronic Transactions (UU ITE), namely Law Number 19 of 2016 Amendments to Law Number 11 of 2008 have been applied to cyber crime.

Tiyo Saputra; Khristyawan Wisnu Wardana; Agustina Wati

International Journal of Law, Crime and Justice 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Samarinda City is one of the cities located in East Kalimantan Province and is often found to have cases of Domestic Violence. The implementation of Law Number 23 of 2004 concerning the Elimination of Domestic Violence should be a solution to participate in preventing and overcoming acts of Domestic Violence as a law enforcement effort. However, in its implementation it turns out that there are still cases of Domestic Violence. The research approach used in this research is a Social Legal Research approach which aims to examine two main points of discussion, first to examine the handling of victims of Domestic Violence in Samarinda City. Second, to examine the role of the Perempuan Academy program in empowering community groups for Family Welfare Empowerment to prevent Domestic Violence in Samarinda City. The results of the research show that the handling of Domestic Violence in the City of Samarinda is provided both repressively and preventively, not only to deal with it after it occurs and is experienced by the victim, but also to participate in preventing it before the crime occurs in order to reduce cases of Domestic Violence in the City Samarinda and the Women's Academy program is considered sufficient to help the Family Welfare Empowerment group in Karang Anyar Village, Samarinda City to prevent Domestic Violence.

Egun Nofianto

IJLS (International Journal of Law and Society) 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

The development of health services has developed in the last few years and continues to grow to the point of giving rise to telemedicine as a term for electronic services medium between patients and health service providers. The purpose of this research is to find the formal legal truth on the protection rights of a patient who used telemedicine services based on the Indonesian Civil Code, Health Law, and other relevant legal material sources, the study aims to determine the legal certainty of the patient using telemedicine services and legal remedies available to patients injured due to telemedicine malpractice. The research method used is normative or doctrinal and involves relevant approaches such as the statute approach, conceptual approach, theoretical approach, and analytical approach which use various legal material sources including primary and secondary legal material, particularly such as legislation, regulation, various legal theories, legal principles, doctrine, and scientific works of scholars including journals, articles, and practice guides.

Ni Luh Putu Sri Laksemi Dharmapadmi; Johannes Ibrahim Kosasih; I Made Arjaya

IJLS (International Journal of Law and Society) 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

This research aims to examine the Legal Protection for Cooperative Members in Standard Agreements on Digital Financial Services as well as the Legal Protection provided to Cooperative Members if there are problems with Digital Financial Services. The legal research method used by researchers is normative legal research. Normative legal research uses legal behavioral products, for example reviewing laws. The results of this research show that the legal protection provided to cooperative members regarding standard agreements is preventive legal protection, namely creating regulations in this case standard agreements and repressive legal protection aimed at resolving disputes arising from legal consequences. The legal remedies that can be taken are Litigation and Non-Litigation.